100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3002

 

Introduced , by Rep. John Cavaletto

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Infectious Disease Testing Act. Provides that an individual shall be required to submit, and informed consent shall not be required, to a test to detect an infectious disease upon the request of a health care provider, employee of a health facility, PHRN, EMR, EMT, EMT-I, A-EMT, paramedic, firefighter, or law enforcement officer who, accidentally or in the line of duty, comes into direct skin or mucous membrane contact with the blood or bodily fluids of the individual that is of a nature that may transmit an infectious disease, as determined by a physician in his or her medical judgment. Defines terms. Effective immediately.


LRB100 06109 MJP 16141 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3002LRB100 06109 MJP 16141 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Infectious Disease Testing Act.
 
6    Section 5. Definitions. Definitions. As used in this Act:
7    "Health care provider" has the meaning ascribed to it under
8HIPAA, as specified in 45 CFR 160.103.
9    "Health facility" means a hospital, nursing home, blood
10bank, blood center, sperm bank, or other health care
11institution, including any "health facility" as that term is
12defined in the Illinois Finance Authority Act.
13    "HIPAA" means the Health Insurance Portability and
14Accountability Act of 1996, Public Law 104-191, as amended by
15the Health Information Technology for Economic and Clinical
16Health Act of 2009, Public Law 111-05, and any subsequent
17amendments thereto and any regulations promulgated thereunder.
18    "Law enforcement officer" means any person employed by the
19State, a county, or a municipality as a policeman, peace
20officer, auxiliary policeman, or correctional officer or in
21some like position involving the enforcement of the law and
22protection of the public interest at the risk of that person's
23life.
 

 

 

HB3002- 2 -LRB100 06109 MJP 16141 b

1    Section 10. Infectious disease testing. An individual
2shall be required to submit to a test to detect an infectious
3disease upon the request of a health care provider, employee of
4a health facility, PHRN, EMR, EMT, EMT-I, A-EMT, paramedic,
5firefighter, or law enforcement officer who, accidentally or in
6the line of duty, comes into direct skin or mucous membrane
7contact with the blood or bodily fluids of the individual that
8is of a nature that may transmit an infectious disease, as
9determined by a physician in his or her medical judgment.
10    Informed consent is not required for a health care provider
11or health facility to perform a test on an individual to detect
12an infectious disease when a health care provider, employee of
13a health facility, PHRN, EMR, EMT, EMT-I, A-EMT, paramedic,
14firefighter, or law enforcement officer who, accidentally or in
15the line of duty, comes into direct skin or mucous membrane
16contact with the blood or bodily fluids of the individual that
17is of a nature that may transmit an infectious disease, as
18determined by a physician in his or her medical judgment.
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.